Exploring the Essential Requirements for Filing under Section 32(2)

If you are thinking of setting up and registering your brand for a trade mark then there is a preliminary check that you need before you start the process. In this article we will explore the essential requirements needed for an application under the UKIPO.

Under section 32(2) of the Trade Marks Act 1994, the essential requirements for filing are set out. Once all the details are met then a filing date can be issues against the Mark.

Request for registration of a Trade Mark.

This is usually noted when completing a TM3 form. This can be either carried out by an individual or by a legal representative such as ourselves. Please note it is best to seek legal advice before filing your TM3 as more often than not you cannot amend the application once it has been filed. You don’t want to file your Mark and realise you lack the protection you need!

Name and Address of the Applicant

To whom will become the proprietor is needed for the application to be completed. The name of the applicant can be either an individual or a company. You cannot apply using a trading name or style when filling out this section.

Statement of goods and services

Perhaps one of the most important steps of the application is ensuring that the goods and services you register your Mark under are correct. The applicant must provide some list of goods offered and services provided that are harmonised with the UKIPO laws. Each class has a set number, and this can be used alongside the class terms. You may be asked to clarify terms by the examiner if those picked are not understood easily. You need to ensure that you use the correct terms to cover your Mark now and for the foreseeable future as this is a cheaper way to prevent you from filing two applications. This is a step we would advise is carried out by your legal representative such as ourselves so they can ensure no mistakes are made and your application is covered correctly.

Representation of the Mark.

If you have got to this stage, it is perhaps one of the easiest steps. You need to present a representation of your Mark that you wish to file. Ensure that the Mark is clear and legible.

If you have any questions and would like any assistance on filling your application, then please do not hesitate to contact the Trademarkroom team today.

Anna Orchard

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